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(영문) 인천지방법원 2021.01.26 2020가단17985
건물명도등
Text

The defendant delivered the building indicated in the attached list to the plaintiff. The costs of lawsuit shall be borne by the defendant.

subsection 1.

Reasons

1. Basic facts

A. On November 3, 2006, E entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “the instant real estate”) with a deposit of KRW 10,000,000, monthly rent of KRW 200,000, and the period from November 3, 2006 to November 2, 2008.

B. On October 4, 2007, E sold the instant real estate to the Plaintiff. On November 20, 2007, E completed the registration of transfer of ownership in the Plaintiff’s future.

(c)

On November 30, 2008, the Plaintiff (Agent F) entered into a lease agreement with the Defendant’s wife D with the deposit amount of KRW 7,000,000, monthly rent of KRW 220,000, and the period from December 6, 2007 to December 5, 2009.

(d)

On July 3, 2020, the Plaintiff sent to the Defendant a certificate that the instant lease contract is terminated on the grounds of the delinquency in rent.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case was terminated and terminated, and the defendant is a joint owner D and a joint owner who illegally occupies the real estate of this case.

Therefore, (see Supreme Court Decision 98Da16456, 16463 delivered on June 26, 1998). The defendant is obligated to deliver the real estate of this case to the plaintiff, who is the owner of the real estate of this case.

3. Conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning.

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